Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Case has reached its final stage - Transfer of case to another Court at this stage is highly unjustified and improper - Grievance of wife could be adequately addressed by appointing a Commissioner for recording evidence - Moreover, in mediated settlement agreement, wife had expressly agreed to fully..........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - DHs had failed to establish violation of compromise decree by JDs - Burden of proving violation of decree rests squarely on DHs - In the absence of cogent proof of such violation, execution cannot be sustained - Burden of proof, which lay upon DHs, had not been discharged - Executing..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Recall of - Court that entertains petition of compromise can determine its legality, at the time of recording compromise or when it is questioned by way of a recall application - No other remedy is available to party who is aggrieved by compromise decree as an appeal and fresh suit are not maintainable..........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Objections - Petitioner did not abide by compromise decree and has not performed his part of obligation therein though he himself received benefits under said decree from DH - Objection of petitioners against execution petition were nothing but a challenge to compromise decree - Executing Court could..........
Civil Procedure Code, 1908, Order 23, Rule 3A, Constitution of India, 1950, Article 226 -- Compromise decree - Writ petition - Maintainability - Only remedy available to a party to a consent decree or any person not a party to a suit or appeal, to avoid such consent decree, is to approach the same Court which recorded the compromise and made a decree in terms of it and..........
Civil Procedure Code, 1908, Section 114 -- Review - Dismissal of appeal against compromise decree - Whether petitioners have a right U.O.43.R.1-A(2) CPC to prefer an appeal against decree of compromise requires elaborate hearing and has effect of rehearing the matter as to maintainability of appeal - There is no error apparent on the face of record in impugned order -..........
Civil Procedure Code, 1908, Order 22, Rule 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Can be challenged by filing writ petition in the High Court and that too on very limited grounds - Setting aside of Lok Adalat Award by Civil Court after conducting detailed enquiry, for which he is not authorised, set aside...........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment - Award of Lok Adalat - Compromise arrived at between parties during pendency of execution petition when matter was referred to Lok Adalat - Parties are bound by compromise in the matter of execution - Decree can be executed insofar as they are concerned only as per terms of compromise - Since, JD failed..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Petitioners sought leave to file additional written statement because they wants to file detailed reply to contradictory pleas between previous stand of defendants and subsequent compromise petition - However, without permitting petitioners to file additional written statement, real controversy..........
Indian Penal Code, 1860, Section 376, 354, 506, 419, 467, 471, 474, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 419, 467, 471, 474, 376, 354, 506, 34 IPC - Compromise - Quashing of FIR - Petitioner Akhtar falsely represented himself as Shiva promised marriage and had physical relationship - Marriage certificate found to be fake and petitioner could not..........
